AGENDA/MANAGER'S REPORT

THE CITY AND BOROUGH OF JUNEAU, ALASKA

Monday, September 15, 1997 - 7:00 PM

Assembly Chambers - Municipal Building

Meeting No. 97-33

Submitted by:

David R. Palmer


Go to bottom of this document

I. FLAG SALUTE

II. INVOCATION

III. ROLL CALL

IV. APPROVAL OF MINUTES

1. 08/18/97 - Regular Mtg. No. 97-29

SPECIAL ORDER OF BUSINESS:

1. Honoring Out-Going Assembly member Rod Swope

2. PRAC Resolution Recognizing Assembly Contributions

V. MANAGER'S REQUEST FOR AGENDA CHANGES

VI. PUBLIC PARTICIPATION ON NON-AGENDA ITEMS. (Not to exceed a total of 20 minutes nor more than 5 minutes for any individual.)

VII. CONSENT AGENDA

The Consent Agenda includes routine items of business which may not require separate discussion. When the Mayor calls for public comment on the Consent Agenda, you may raise your hand and the Mayor will recognize you asking which item(s) you wish to have removed from the Consent Agenda for separate discussion and action. Following the removal of any item from the Consent Agenda, the Assembly votes on the remaining items in one motion. (Ordinances for introduction generally may not be removed from the Consent Agenda.)

All items that are removed from the Consent Agenda will follow the format of: Administrative or Committee Report, Public Hearing/Participation and Assembly Action.

A. Ordinances for Introduction:

1. Ordinance No. 97-36

An Ordinance Amending the Traffic Code to Require That Drivers Approaching a School Bus From Any Direction Comply with Stop Signals Displayed by the Bus. Presented by the Manager.

This ordinance will amend the Traffic Code to ensure its applicability in situations where a vehicle approaches a school bus, which is picking up or discharging children and has its visual signal activated, from a direction other than directly ahead or directly behind. The ordinance would adopt the language used in state statute, "any direction." (AS 28.35.145).

I recommend that this ordinance be introduced and set for public hearing at the next regular meeting.

2. Ordinance No. 97-37

An Ordinance Authorizing the Manager to Negotiate the Sale of Certain City and Borough Land in the Vicinity of 8.5 Mile Glacier Highway and Setting Forth the Price and Other Conditions of Sale. Presented by the Manager.

This ordinance authorizes the sale of approximately 43.9 acres of land located at 8.5 Mile Glacier Highway to Steve Bowhay for the development of a botanical garden and tourist facility. Negotiations were authorized by the Assembly at its meeting of March 17, 1997.

The property was appraised by Horan Corak and Company. The appraisal considered the highest and best use to be for residential development and have a value of $413,000 if put on the open competitive market. It also stated that approximately 55 housing units could be developed on the property. If the property were only to be used as a botanical garden, the property would have a value of $132,000. The City Attorney has advised that it is not possible to legally bind the purchaser to use the land for a botanical garden. Although Mr. Bowhay fully intends to develop the land for this use, sale of the property at fair market value without that legal restriction is the most appropriate course of action.

I have negotiated the sale of this property for terms and conditions which represent a fair market value return for the CBJ and also allows for the development of the botanical garden. The main points of the sale are:

The purchase price of the property is $413,000. The CBJ will finance the sale of the property at 10% down payment, an interest rate of 10% and payments over 10 years.

No cutting of trees larger than 12 inches in diameter can occur on the property other than that needed for construction of the pathways and the observatory. However, trees larger than 12 inches in diameter can be used for construction of appurtenances to the property.

The CBJ will reserve the right to dedicate an 80 ft. easement for a public right of way to CBJ property located to the east of the subject property. If such right is exercised, the CBJ must do so within 5 years and shall pay Glacier Gardens the sum of $60,000.

The sale will recognize the presence of aircraft and helicopter noise from the Juneau International Airport.

The purchaser shall be responsible for providing a subdivision plat of the subject property.

The Planning Commission, at its March 11, 1997 meeting approved the land sale with the condition that access be preserved to the CBJ land to the east (the easement provision, above) and also issued a conditional use permit to Steve Bowhay for a botanical garden subject to several conditions. The Notices of Decision from the Commission are included in your packet. The Assembly Lands Committee, at its September 10, 1997 meeting, recommended approval of the land sale.

I recommend that this ordinance be introduced and set for public hearing at the next regular meeting.

3. Ordinance No. 97-38

An Ordinance Amending the Official Zoning Map of the City and Borough to Change the Zoning of a Portion of Tract 1, USMS 2225, an Area Generally Described as 2 Mile North Douglas Highway. Presented by the Manager.

This zone change was requested by Bruce and Judy Morley to change the current RR (T) D-3 (rural reserve transitional to single-family duplex residential) zoning classification to RR (T) D-15 (rural reserve transitional to multi-family residential) in order to add to the potential residential density that is permitted. When applicable, the current zoning will transition to D-3 (three dwellings per acre) to reflect the provision of CBJ sewer. The proposed transitional zoning would similarly transition to D-15 (fifteen dwellings per acre) to reflect the sewer service.

The proposed change would conform with the Comprehensive Plan map. The Planning Commission recommended approval of this zone change at their August 26, 1997 meeting.

I recommend that this ordinance be introduced and set for action at your next regular meeting.

4. Ordinance No.97-39

An Ordinance Authorizing Certain Additions, Betterments To and Extensions of the City and Borough's Water Utility System; Authorizing the Sale and Issuance of a Revenue Bond of the City and Borough in the Principal Amount of up to $1,295,000, for the Purpose of Providing Financing for Said Additions, and Providing for the Repayment of Such Bond Over a Term of Years; Fixing the Date, Form, Terms, Maturity, Covenants and Interest Rate for the Bond; Confirming the Sale of the bond to First Bank; and Providing for the Issuance of Bonds in the Future on a Parity With the Bond. Presented by the Manager.

This ordinance will authorize the issuance of $1,295,000 in revenue bonds. The bond funds will be used to fund the Salmon Creek Water Disinfectant Treatment Improvements (Appropriating Ordinance 94-17 (AC) for $1.5 million) and replacement of the Water Utility disinfection system at the Salmon Creek and Last Chance basin sources (Appropriating Ordinance 97-17 (F) for $325,000). The original appropriation for the Salmon Creek Water Disinfectant Treatment Improvement was appropriated at $1.5 million, however, at the conclusion of the project it was determined that only $970,000 will be needed. Combining the $970,000 with the $325,000 needed for the disinfectant systems projects results in an overall funding need of $1.295 million.

This revenue bond will be structured as a negotiated private placement. In soliciting interest in this issue the Finance Director contacted all banks conducting business in Juneau. First Bank, Ketchikan Branch, has offered the best financing terms. The revenue will be for a term of 15 years with equal annual debt service. Interest will be paid on a semi annual basis on June 1 and December 1 starting on June 1, 1998. Principal will be paid on annually on December 1 starting on December 1, 1998. First Bank has offered a bank qualified tax exempt rate of 80% of an equivalent 10 year Treasury Note (this rate was equivalent to 5.08% at the time of the offer). The interest rate offered by First Bank is significantly better than the next closest offering. It is anticipated that the annual debt service will be approximately $126,000 depending upon the final interest rate. Debt service will be the responsibility of the Water Utility and will come from user fee revenues.

I recommend that this ordinance be introduced and set for action at your next regular meeting.

5. Ordinance No. 97-17 (T)

An Ordinance Appropriating to the Manager the Sum of $1,665 for a Grant to the Juneau Commission on Aging to Conduct a Needs Assessment. Such Funds Provided by the General Fund Unreserved Fund Balance. Presented by the Manager.

This ordinance appropriates $1,665 of General Fund Unreserved Fund Balance for a grant to the Juneau Commission on Aging. The Commission will use the funds to conduct a follow-up needs assessment survey of Juneau's senior population. This goal of the survey is to identify the critical needs and concerns of Juneau's senior citizens. Once the survey is completed, the data can be incorporated into the community planning process of the Assembly and its commissions.

This action was approved by the Assembly at the meeting of September 8, 1997.

After this ordinance is adopted, the projected FY98 ending General Fund Unreserved Fund Balance will be $343,135.

I recommend that this ordinance be introduced and set for action at your next regular meeting.

B. Resolutions:

1. Resolution No. 1888

A Resolution Accepting the Fiscal Year 1998 Municipal Capital Matching Grants. Presented by the Manager.

This resolution complies with an Alaska Department of Administration requirement that Municipal Capital Matching Grant recipients officially state their intent to contribute a local share to the project. The CBJ has been awarded nine grants under this program in the amount of $769,955, with a required match of at least $329,981. The CBJ is providing a match of $407,100.

Ordinance 97-17 (L), introduced at the September 8th meeting and scheduled for public hearing on tonight's agenda, will appropriate the grant funds. The manager's report for that ordinance describes the projects funded by the grants.

This resolution, although a companion of Ordinance 97-17(L), does not require an Economic Impact (EI) note; please refer to the EI attached to Ordinance 97-17(L) for financial information.

I recommend that this resolution be adopted.

2. Resolution No. 1889

A Resolution Authorizing the Acceptance of a Grant From the State of Alaska Department of Environmental Conservation in an Amount Not to Exceed $338,000 to Expand the Auke Bay Wastewater Treatment Plant. Presented by the Manager.

This resolution authorizes the Manager to proceed with a grant agreement from the state for the expansion of the Auke Bay Wastewater Treatment Plant.

These funds are matched by a $656,000 loan from the Alaska Department of Environmental Conservation and $75,000 from the Sewer Fund. Further information on the project is provided in the Manager's Report for Ordinance 97-17(N), scheduled for public hearing at tonight's meeting.

I recommend that this resolution be adopted.

C. Transfer Requests:

1. Transfer No. T-631: Transfers $11,575 from Auke Bay Fire Station Roof Repair to the Lynn Canal Fire Station

This transfer request moves the remaining balance of $11,575.45 from the Auke Bay Fire Station Reroof Project to the Lynn Canal Fire Station Addition/Remodel Project. The Auke Bay Fire Station Project is complete and ready to be closed out.

The original budget for the Lynn Canal Fire Station Expansion Project was based upon the assumption that a second floor containing the needed living space could be added on to the existing building. During the evaluation of this option by the design consultants, it was decided that this option was not feasible due to the existing building's structure.

The renovation of the existing building into the office, training and living quarters in combination with construction of a separate equipment bay was chosen as the option to pursue. At the 50-percent design development stage for this alternative, the consultants' estimate for the project construction cost had exceeded the budgeted amount. This alternative may also require additional site modifications not accounted for in the original design budget estimate and would increase the project funding shortfall.

As a result of the required design change, the Fire Department has requested that available Fire Department capital improvement funds remaining from other projects are be transferred into this capital project to complete its funding. Additional funds may be necessary once the final design is determined.

I recommend that this transfer be adopted.

D. Bid Awards:

1. Contract No. E98-038: Linellen Heights Paving and Drainage, L.I.D. 83

Bids were opened on the subject project on September 9, 1997. The bid protest period expired at 4:30pm on September 10,1 997. Results of the bid opening are as follows:

RESPONSIVE Base Bid Add. Alternate TOTAL
Arete Construction Corp. $628,781.00 $60,000.00 $688,781.00
Glacier State Contractors, Inc. $675,982.00 $45,000.00 $720,982.00
       
Engineer's Estimate $654,038.00 $60,000.00 $714,038.00

This project consists of reconstructing each street in Linellen Heights Subdivision- Fifth Street, Alaska Belle Court, Laurel Drive, Sixth Street and Alta Court.

Base Bid work includes replacing the storm drainage system, a 36-inch embankment subcut and replacement, minor water and sanitary sewer system improvements, new asphalt pavement, off-street ditch construction with shot-rock lining, connection of an 8-inch drainage pipe to the existing storm drain in Savikko Park and miscellaneous related work.

Additive Alternate work consists of construction of a concrete drainage clean-out vault and miscellaneous related work in Savikko Park.

I recommend award of this project to Arete Construction Corporation in the amount bid for the Base Bid and the Additive Alternate for a total award of $688,781.00.

2. Bid No. 97-111: Roadway Deicing Chemicals

Bid No. 97-111 for Roadway Deicing Chemicals was opened September 2, 1997 with the following results:

Bidder			Section I	Section II	Total Bid 
Samira Industries	$95,783.75	$20,080.00	$115,863.75 
Anchorage, AK 
Great Western 
Chemical Co.,		Non Responsive	No Bid 
Amount encumbered $141,000 

This is a term contract for FY98 and has two optional one-year renewal periods. The protest period for this bid was completed at 4:30pm on September 3, 1997.

I recommend award of this bid to Samira Industries, as having the lowest responsive bid, for a total bid award of $115,863.75.

D. Liquor Licenses Transfers

1. Fishermans Wharf Restaurant; Randy J. Held; #2 Marine Way, Juneau 99801; MAIL: 3524 Forst Grove, Juneau, AK 99801; from Robert E. Rodman; Same DBA & Location

The Finance, Police, Community Development departments were provided copies of this application and have no objections to the transfer request.

I recommend the Human Resources Committee adopt a motion recommending the Assembly waive its right to protest the transfer of this license.

2. Valley Liquor Mart; Paperweight, Inc.; President/Secretary: Hal Keith Ward, No premises; MAIL; 341 W. Tudor, Sue #202, Anchorage AK 99503. From Chateaux Investment Ltd.; 9108 Mendenhall Mall Road;

The Finance, Police, Community Development departments were provided copies of this application with the Finance Department reporting Valley Liquor Mart, Paperweight, Inc. is not registered for CBJ Sales Tax.

The establishment has no premises, and Paperweight, Inc. operates in Anchorage, I requested a legal opinion as to whether this would be an allowable reason for protest of the transfer of license. At the time this packet was prepared, there has been no response from the Law Department.

Because of the pending request for legal services, I have no recommendation on this transfer.

VIII. ORDINANCES FOR PUBLIC HEARING:

1. Ordinance No. 97-34

An Ordinance Amending the Official Zoning Map of the City and Borough to Change the Zoning of an Area Generally Described as the Upper West Mendenhall Valley Between the Mendenhall River and Auke Lake. Presented by the Manager.

Administrative or Staff Report

This ordinance rezones property in the Upper Mendenhall Valley from transition zoning to any of D-1, D-3, or D-5. These changes reflect the "Urban/Low Density Residential" classification approved by the Assembly in the Comprehensive Plan. This rezone was approved by the Planning Commission at a special meeting held at a Valley location on May 20, 1997 after three public meetings held by CDD staff in Valley locations.

The ordinance contains two provisions to protect current dimensional and use exemptions. Section 3 preserves existing exemptions which allow setback and lot coverage requirements to be relaxed in proportion to the degree that the lot is below the standard size, which in this case is one acre prior to the rezone without section 3. Existing structures which are legal under this ordinance on a substandard D-1 lot could become illegal in a D-3 zone. This is especially likely with respect to front and rear yard setbacks, which are 25 feet in both districts, but the minimum lot depth changes from 150 in D-1 to 100 feet in D-3. As a result, lots will lose their substandard status, but the setback requirement will remain the same, and a violation could result. A similar issue occurs with respect to lot coverage.

Section 4 allows continuation of existing uses on a lot rendered substandard by this rezone, unless the use requires more area than the minimum specified for the zoning district, in which case a conditional use permit is required.

I recommend that this ordinance be adopted.

Public Hearing

Assembly Action

2. Ordinance No. 97-35

An Ordinance Amending the Penal Code to Establish the Offense of Violating a Domestic Violence Protective Order and the Offense of Interfering With a Report of a Crime Involving Domestic Violence, and Establishing Penalties for the Violations Thereof. Presented by the Manager.

Administrative or Staff Report

This ordinance establishes two misdemeanor offenses to address situations common in domestic violence cases. The offenses are essentially identical to state statutes. This ordinance establishes municipal versions that will allow CBJ prosecutors to administer cases without transferring them back and forth to the state.

Section 3 of the ordinance is based on AS 11.56.740. It criminalizes violation of a domestic violence protective order. Without a provision like this, DV orders are enforceable only through the laborious process applicable to contempt of court proceedings.

Section 4 is based on AS 11.56.745. It is designed to deal with the common problem of someone, usually a domestic abuser, who interferes with someone else, usually the victim, who is trying to report the abuse. This interference can take the form of threats, physical restraint, or denial of communications, often by ripping the telephone out of the wall.

I recommend that this ordinance be adopted.

Public Hearing

Assembly Action

3. Ordinance No. 97-17 (L)

An Ordinance Appropriating to the Manager the Sum of $769,955 for the Following Capital Projects: American Disabilities Act Compliance, Energy Efficiency Improvements Fund, Underground Fuel Storage Tanks, Essential Building Repairs, Juneau Fire Station Repairs II, Health And Social Services Building Repairs III, Augustus Brown Pool Gaseous Chlorine System Replacement, General Park And Safety Repairs, and Trafalgar Street Sewer Design And Construction. Such Funds Provided by the Alaska Department of Administration. Presented by the Manager.

Administrative or Staff Report

The City and Borough of Juneau has been awarded nine grants under the Alaska Department of Administration (DOA) Municipal Capital Project Matching Grant Program. The local share for all projects was provided for in the FY98 Budget Ordinance, No. 97-17, as prioritized by Resolution Serial No. 1871. Ordinance No. 97-17 provides matching funds at levels equal to or greater than the State's requirement.

Project #1: AMERICAN DISABILITIES ACT COMPLIANCE

Project Description:

Funding will be used to continue bringing CBJ facilities, buildings, and transit vehicles into compliance with Americans with Disabilities Act. Specific projects are annually recommended by the CBJ Accessibility Task Force.

FY98 Project Funding: 
DOA Grant:	$35,000 
Local Match:	 15,000 
Total		$50,000 

Project #2: ENERGY EFFICIENCY IMPROVEMENTS FUND

Project Description:

Funding will be used to continue improvement of the energy efficiency of CBJ facilities and buildings to generate a long-term savings in utility costs. This is the continuation of a capital project.

FY98 Project Funding: 
DOA Grant:	$35,000 
Local Match:	 15,000 
Total		$50,000 

Project #3: UNDERGROUND FUEL STORAGE TANKS

Project Description:

Funding will be used to continue the CBJ effort to repair or replace underground fuel storage tanks at CBJ facilities and buildings. This work is necessary to bring CBJ facilities and buildings into compliance with the Alaska Department of Environmental Conservation and U. S. Environmental Protection Agency regulations. The FY98 matching grant will complete the upgrade for fuel tanks at the Eaglecrest Ski area.

FY98 Project Funding: 
DOA Grant:	$140,000 
Local Match:	  60,000 
Total		$200,000 

Project #4: ESSENTIAL BUILDING REPAIRS

Project Description:

Funding will be used to repair water damaged wall finishes at the Juneau Library, roof and gutter repairs at the Augustus Brown Swimming Pool and soffit and roof repairs at the Douglas Fire Hall/Library building.

FY98 Project Funding: 
DOA Grant:	$ 112,000 
Local Match:	   80,000 
Total		 $192,000 

Project #5: JUNEAU FIRE STATION REPAIRS II

Project Description:

Funding will be used to address the failure of the exterior waterproofing system and resultant deterioration of masonry block at the Juneau Fire Station. The funding will also address continuing roof leaks and problems with the horizontal siding at the station.

FY98 Project Funding: 
DOA Grant:	$105,000 
Local Match:	  45,000 
Total	  	$150,000 

Project #6: HEALTH AND SOCIAL SERVICES BUILDING REPAIRS III

Project Description:

Funds will be used for replacement of rotten structural members of the foundation, complete the upgrade of the building mechanical system to meet code and the replacement of carpet. Additional repairs include improvement of ventilation system, electrical service, and other interior improvements.

FY98 Project Funding: 
DOA Grant:	$77,100 
Local Match:	 72,900 
Total		$150,000 

Project #7: AUGUSTUS BROWN POOL GASEOUS CHLORINE SYSTEM REPLACEMENT

Project Description:

Funds will be used to replace the gaseous chlorine disinfection system with a mixed oxidant system which will result in a safer operation and reduce the cost of training employees for the special handling that a gaseous chlorine disinfection system requires.

FY98 Project Funding: 
DOA Grant:	$21,000 
Local Match:	 9, 000 
Total		$30,000 

Project #8: GENERAL PARK AND SAFETY REPAIRS

Project Description:

Funds will be used to make general repairs to play equipment, fences, walkways, sport fields and site furniture. Due to safety concerns, play equipment was removed from many parks. These funds will replace much of that equipment.

FY98 Project Funding: 
DOA Grant:	$151,819 
Match:		  68,200 
Total		$220,019 

Project #9: TRAFALGAR STREET SEWER DESIGN AND CONSTRUCTION

Project Description:

Funds will be used to design and construct an extension of the sanitary sewer system to serve residents on Trafalgar Street.

FY98 Project Funding: 
DOA Grant:	 $93,036 
Local Match:	  42,000 
Total		$135,036 

I recommend that this ordinance be adopted.

Public Hearing

Assembly Action

4. Ordinance No. 97-17 (M)

An Ordinance Appropriating to the Manager the Sum of $1,561,456 to Remove And Replace the Mendenhall River Elementary School Building Roof. Such Funds Provided by the Alaska Department of Education. Presented by the Manager.

Administrative or Staff Report

This ordinance appropriates a grant from the Alaska Department of Education to remove and replace the entire Mendenhall River Elementary School building roof. The project includes design of the new roof, removing the existing metal roof from the structural frame and construction of a new roof and ventilated eave system with reconfigured gutters.

The total project cost is $2,230,651. In addition to the DOE grant, there is a local match requirement of $669,195 to fully fund the project. One half of the match, $335,000, was provided by FY98 Sales Tax funds through the FY98 Budget process. The remaining match amount of approximately $335,000 will be submitted for funding in the FY99 Budget process.

I recommend that this ordinance be adopted.

Administrative or Staff Report

Assembly Action

5. Ordinance No. 97-17 (N)

An Ordinance Appropriating to the Manager the Sum of $994,000 to Expand the Auke Bay Wastewater Treatment Plant. Such Funds, $338,000, Provided by a Grant From the Alaska Department of Environmental Conservation and $656,000, Provided by a Loan from the Alaska Department of Environmental Conservation. Presented by the Manager.

Administrative or Staff Report

This ordinance appropriates a grant (in the amount of $338,000) and a loan (in the amount of $656,000) from the Alaska Department of Environmental Conservation (DEC) for the expansion of the Auke Bay wastewater treatment plant. The expansion project will consist of enlarging the treatment building, adding a clarifier, new blowers and wiring, and some piping and process design changes. These modifications will enable the plant to meet its original design capacity and the effluent limitations of the discharge permit. The current plant is capable of handling 100,000 gallons of wastewater per day (gpd). As of 1995, high flows reach 144,000 gpd. New UAS student housing has increased flows an average of 11,000 gpd and the expansion of the Auke Lake sewer has further increased flows an average of 18,000 gpd.

As it currently exists, the Auke Bay Plant has a problem with hydraulic overloading. The most cost effective way to solve the problem is to construct a new clarifier to address the ongoing overloading problem.

The loan is from the Alaska Clean Water Fund through DEC. It is a 20 year loan at approximately 5% interest. The loan will be repaid with user fees. Attached is a copy of Resolution No. 1878 which authorized the City Manager to apply for the loan.

I recommend that this ordinance be adopted.

Public Hearing

Assembly Action

6. Ordinance No. 97-17 (O)

An Ordinance Appropriating to the Manager the Sum of $9,467 for Production of a Video on Juneau Area History by the Juneau Douglas City Museum. Such Funds Provided by the Alaska Department of Education - Alaska State Museum. Presented by the Manager.

Administrative or Staff Report

The Juneau-Douglas City Museum has received a grant in the amount of $9,467 from the Alaska State Museum Grant-In-Aid Program to help fund a 15-20 minute video on Juneau area history. Total project costs will be $25,000; additional funds will be raised. The video will be designed to last ten years; the video currently being used, "Early Juneau" is out of date, made in 1976 as part of a Bicentennial project.

I recommend that this ordinance be adopted.

Public Hearing

Assembly Action

7. Ordinance No. 97-17 (P)

An Ordinance Appropriating to the Manager the Sum of $200,000 For a Shelter Renovation Grant Program in the Juneau Area. The Recipient of the Grant Will Be the Saint Vincent De Paul Society of Southeast Alaska. Such Funds Provided by the Alaska Department Community and Regional Affairs. Presented by the Manager.

Administrative or Staff Report

This ordinance appropriates a grant from the Alaska Department of Community and Regional Affairs for a homeless shelter renovation pass-through grant program in the Juneau area. This grant is to assist in the construction of shelters for the homeless; it also includes reasonable administrative costs associated with the grant.

The City has agreed to grant $180,000 of these funds to the Saint Vincent de Paul Society Diocesan Council of Southeast Alaska to be applied toward the construction of ten or more homeless shelter units. The remaining $20,000 will be used to defray City grant administrative costs. CBJ estimates that $5,000 to $10,000 of the amount allocated for administration will be used by the Engineering Department to review contract documents, inspect project construction and for other general administrative functions. Any excess funds remaining in this account will be transferred to St. Vincent de Paul's construction program funded by this grant. Implementation of the grant program will proceed as soon as a final grant award notice is issued by the State agency.

Your packet includes a copy of Resolution No. 1841 authorizing City participation in the Community Development Block Grant Program and the Cooperative Agreement between the City and Borough of Juneau and the Saint Vincent de Paul Society Diocesan Council of Southeast Alaska.

I recommend that this ordinance be adopted.

Public Hearing

Assembly Action

8. Ordinance No. 97-17 (Q)

An Ordinance Appropriating to the Manager the Sum of $30,000 for Installation of a Culvert on Cessna Drive. Such Funds Provided by the Alaska Department of Transportation and Public Facilities. Presented by the Manager.

Administrative or Staff Report

This ordinance appropriates $30,000 pursuant to a Memorandum of Understanding between the Alaska Department of Transportation and Public Facilities and the City and Borough of Juneau to partially fund the installation of a culvert on Cessna Drive where it crosses Duck Creek. The DOT/PF funding will bring the total project budget to $130,000. Other funding has been provided by the Alaska Department of Administration ($40,000), the U. S. Fish and Wildlife Service ($30,000) and the CBJ Wetlands Mitigation Bank ($30,000). This is part of an on-going effort by the City to improve fish passage up Duck Creek.

I recommend that this ordinance be adopted.

Public Hearing

Assembly Action

9. Ordinance No. 97-17 (R)

An Ordinance Appropriating to the Manager the Sum of $17,800 to Chip Seal a Portion of the Parking Lot at the Eaglecrest Ski Area. Such Funds Provided by Eaglecrest Fund Balance. Presented by the Manager.

Administrative or Staff Report

This ordinance appropriates funds from the Eaglecrest Ski Area Fund Balance for the partial chip sealing of the Eaglecrest Parking Lot. The $17,800 represents the savings in the FY98 Eaglecrest budget from the decrease in the PERS contribution.

The Alaska Department of Transportation and Public Facilities (DOT/PF) began a major maintenance project on the Fish Creek Road on August 25, 1997. In order to prevent further deterioration of the road DOT/PF will be chip sealing it. DOT/PF is willing to also chip seal the parking lots at Eaglecrest if we cover the cost of materials. DOT/PF estimates that the cost of adding materials and chip sealing the entire parking lot would be $66,000 (due to the need for a two inches underlay of materials before applying the chip seal). Eaglecrest anticipates using additional funds from its operating budget so that a portion of the parking lot can be chip sealed. Final determination of project costs will depend on calculations by DOT/PF, but it is expected that $5,000-$7,000 in additional funding will be expended from the operating budget.

After this ordinance is adopted, the Eaglecrest Ski Area fund balance will be $52,500.

The Eaglecrest Board of Directors, at their special meeting on Tuesday, September 2, 1997 recommended this request be forwarded to the Assembly.

I recommend that this ordinance be adopted.

Public Hearing

Assembly Action

10. Ordinance No. 97-17 (S)

An Ordinance Appropriating to the Manager the Sum of $4,000 For a Voters' Informational Pamphlet Regarding Proposition No. 1. Such Funds Provided by General Fund Balance. Presented by the Manager.

Administrative or Staff Report

This ordinance appropriates $4,000 for a voter's informational pamphlet explaining the ballot proposition to amend the charter to allow decisions in quasi-judicial cases on a vote of a majority of those voting. An explanatory pamphlet will be particularly useful for this technical proposition. We intend to do most of the work on the pamphlet in-house.

This ordinance will be provided as a red folder item at Monday's meeting.

I recommend that this ordinance be adopted.

Public Hearing

Assembly Action

IX. UNFINISHED BUSINESS:

1. Resolution No. 1886

A Resolution Adopting the Juneau Non-Motorized Transportation Plan. Presented by the Manager.

The issue of retaining bike corridors across CBJ land was discussed at the Lands Committee meeting of September 10, 1997. The language in the Nonmotorized Transportation Plan reads as follows:

"Land that is in the CBJ Land Disposal Plan needs to be evaluated and major Nonmotorized transportation easements need to be established before the sale of the property. Once CBJ land is sold it is very difficult to request developers to provide a pathway easement and it can become cost prohibitive to the development. Therefore, it is essential to evaluate each piece of land before it is disposed of and preserve pathway corridors before the land is put on the market. The following parcels of land, which are slated for disposal in the CBJ Land Management Plan and contain proposed pathway corridors are: Douglas, Fred Meyer, Switzer Creek, Thunder Mountain and Windfall Avenue."

The Plan contemplates that the Manager, during negotiations for a land disposal, will evaluate the feasibility of preserving a corridor and include those discussions as a goal in the negotiations. Preservation of corridors is highly desirable but may not be feasible in all cases.

This Plan was reviewed and approved by the Planning Commission in August, 1997.

At the suggestion of the Lands Committee, staff has edited the maps contained within the plan to show the lines crossing these parcels slated for disposal as "subject to realignment as land sales are negotiated".

I recommend that this resolution be adopted.

X. NEW BUSINESS:

1. PTI Communications' Appeal of Bidding Review Board Decision on Telephone System Bid Protest (RFP #97-238).

This case appeals an August 6, 1997, decision of the Bidding Review Board denying a bid protest filed by PTI Communications concerning a Request for Proposals for equipment and services for upgrading the municipal telephone system. On August 26, 1997, PTI Communications appealed the board's decision to the Assembly.

The Notice of Appeal and the Decision on the bid protest are in your packet.

The Assembly is the appeal agency for this appeal, and its actions throughout the appeal process are governed by CBJ 01.50, the Appellate Code. The Code requires that upon receiving an appeal, the Assembly, must first decide whether to accept or reject it. The standards applicable to this decision are set out at CBJ 01.50.030(e):

(e) Action by Appeal Agency Upon Receipt of a Notice of Appeal.

(1) Within thirty days of receipt of a notice of appeal by the appeal agency, the appeal agency shall notify the appellant of the acceptance or rejection of the appeal and, if rejected, the reasons for the rejection.

(2) The notice of appeal shall be liberally construed in order to preserve the rights of the appellant. The appeal agency may reject the appeal for failure to comply with these rules or if the notice of appeal does not state grounds upon which any of the relief requested may be granted.

PTI Communications, Jeffus & Williams, the Purchasing Division and the Bidding Board have been advised that this matter is before the Assembly. In general, the Division and the Board, have no objection to acceptance of the appeal, although they reserve the right to object to argument by the Appellant on some of the issues included in the notice of appeal.

The following procedural issues should be decided:

1. Will the Assembly accept the appeal?

2. Will the Assembly hear the appeal itself or assign to a hearing officer?

3. If the Assembly hears the appeal itself, will the Mayor preside, or will he designate a member as presiding officer?

This matter is before the Assembly sitting in its quasi-judicial capacity. Accordingly, members should avoid discussing the case outside the hearing process. With respect to this issue, the Appellate Code provides as follows:

CBJ 01.50.230 IMPARTIALITY. The functions of hearing officers and those appeal agency members participating in decisions shall be conducted in an impartial manner with due regard for the rights of all parties and the facts and the law, and consistent with the orderly and prompt dispatch of proceedings. Hearing officers and appeal agency members, except to the extent required for the disposition of ex parte matters authorized by law, shall not engage in interviews concerning the appeal with, or receive evidence or argument on the appeal from, a party, directly or indirectly, except upon opportunity for all other parties to be present. Copies of all communications with a hearing officer or appeal agency member concerning the appeal shall be served upon all parties.

Because this is an appeal, I have no recommendation on whether or how the Assembly should hear the appeal. After the Assembly has made its decisions on these issues, the Clerk will contact the parties and the presiding or hearing officer to notify them of the Assembly's decision and to arrange for a pre-hearing conference or other proceedings.

XI. ADMINISTRATIVE REPORTS ON NON-AGENDA ITEMS:

A. Manager's Report - Action Items:

1. Land Purchase from S & S Development, Inc.

I am requesting approval to acquire 3.21 acres of land from S&S adjacent to 3.37 acres being acquired for a police station.

S&S Development Inc is now in a position to meet the terms and conditions of the option to purchase land previously approved by the Assembly. The basic agreement provides that CBJ will purchase 3.37 acres of S&S land at $4.75/sq ft for a total cost of $697,287 with police station project funds. An additional parcel, which consists of the road (Alaway Avenue) is included at the cost of $1.

The Police Station Project Committee recommended to the Lands Committee, which recommends to the Assembly that additional adjacent property be purchased: Area B which is 1.38 acres of property, the majority of this property is permitted by the corps of engineers for use as a police station, and Area C, which is primarily wetlands and a pond, which use is limited to a disposal site for non-organic material, and possibly for gravel extraction. It may also be useful as a wetland mitigation area, as, for the most part, it is recognized as wetland. One Energy Advisory Committee member mentioned that the pond may be useful for the heating/cooling systems in the police station.

The primary purpose of the acquisition of Area B and C is to provide for expansion potential of the police station and to allow control of adjacent property. The combined cost, based on MAI appraisal is $219,000.

Acquisition of these two parcels resolves several potential disputes with S&S. First, without the acquisition, the option to purchase requires CBJ provide a 5 year access easement across the police station site. Second, the proposed station is very close to the property line, and S&S or another party could engage in disruptive or incompatible uses very close to the facility. Finally, S&S has not agreed to the boundary indicated on the appraiser's maps between B and C, which were drawn for purposes of appraisal. Acquisition of both parcels eliminates the argument. Finally, both S&S and the manager's office disagree with some of the appraisal, we think Area C is too high, S&S thinks Area B is too low. We both agree that an average of the two values is fair.

The source of funds for the purchase is the Lands Fund. If the Assembly approves of this purchase, I will bring forward an appropriation ordinance. After approval, the balance in the Lands Fund will be $496,500.

I recommend that the Assembly accept the recommendations of the Police Station Project Committee and the unanimous recommendation of the Lands Committee.

B. Manager's Report - Information Items:

1. Second Annual Employee Recognition Dinner

The Second Annual Employee Recognition dinner is scheduled for Friday, October 10, 1997 at 6:00 pm at Centennial Hall. This has been planned to recognize all those employees receiving 5, 10, 15, 20, and 25 year service awards, as well as special recognition in other areas, such as outstanding community service, etc.

C. Attorney's Report:

XII. MAYOR'S REPORT ON NON-AGENDA ITEMS

A. Revised Pending Items

B. Unappropriated Governmental Fund Balance

C. Assembly Contingency Fund Balance

XIII. COMMITTEE REPORTS ON NON-AGENDA ITEMS

A. Committee Reports:

1. Committee of the Whole

2. Finance Committee

3. Committee on Committees

a. Americans' With Disabilities Act Committee

b. Energy Advisory Committee

c. Advisory Committee on Housing

d. International Relations Advisory Committee

e. Tourism Advisory Committee

f. Youth Activities Board

4. Human Resources Committee

5 . Lands and Resources Committee

6. Public Works and Facilities Committee

7. Assembly Strategic Policy Committee

B. Board Liaison Reports

XIV. ASSEMBLY COMMENTS AND QUESTIONS

XV. CONTINUATION OF PUBLIC PARTICIPATION ON NON-AGENDA ITEMS. (Not

to exceed 5 minutes per person or 20 minutes total, whichever is less).

XVI. ADJOURNMENT

NOTE: Agenda packets are available for review at the Juneau Public Library, the Mendenhall Valley Library, and the Douglas Public Library. An audio tape containing the Assembly's agenda is available for review at all CBJ Libraries each Friday prior to the Assembly's Monday meeting.

ADA Accommodations Available Upon Request: Please telephone the Clerk's Office 48 hours prior to any meeting so arrangements can be made to have a sign language interpreter present. The Clerk's Office telephone number is 586-5278, TDD 586-5351.

Go to the top of this document.


Return to List of Agendas
Return to the Capital City Home Page

Our URL is www.juneau.lib.ak.us

Last revised on 9/12/97 - bgb